Item - 2019.TE9.5

The Toronto and East York Community Council recommends that:

1. City Council amend Zoning By-law 438-86, for the lands at 26-40 Birch Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report (September 24, 2019) from the Director, Community Planning, Toronto and East York District.

2. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 26-40 Birch Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (September 24, 2019) from the Director, Community Planning, Toronto and East York District.

3.  Before introducing the necessary Bills to City Council for enactment, City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act, and any other necessary agreements, satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, with such Agreement to be registered on title to the lands at 26-40 Birch Avenue in a manner satisfactory to the City Solicitor to secure the following community benefits at the owner's expense, including:

a. a financial contribution in the amount of $250,000.00 payable to the City prior to issuance of the first above-grade building permit, with such amount to be indexed upwardly in accordance with Statistics Canada Residential Building or Non-Residential Building Construction Price Index, as the case may be, for the Toronto Census Metropolitan Area, reported by Statistics Canada in the Building Construction Price Indexes Publication 327-0058, or its successor, calculated from the date of the Section 37 Agreement to the date of payment. The funds shall be directed as follows:

i. towards capital improvements for new or existing cultural and/or community space within the vicinity of the application site, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; or

ii. towards local area park or streetscape improvements within the vicinity of the application site, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Parks, Forestry and Recreation, and the Ward Councillor; and

b. the following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development:

i. the owner shall develop a Construction Mitigation Plan prior to the issuance of the first below grade building permit for the proposed development of the site to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the Ward Councillor.

3. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required.

This application proposes to amend the Zoning By-law to permit a 4-storey - 13.4 metres plus 2.7-metre rooftop staircase enclosure - stacked, back-to-back townhouse building with 27 dwelling units and 56 parking spaces within a 1-level below ground garage at 26-40 Birch Avenue.

The proposed development is consistent with the Provincial Policy Statement - 2014, conforms with the Growth Plan for the Greater Golden Horseshoe - 2019, conforms with all relevant policies of the Official Plan and the Yonge-St. Clair Secondary Plan, and is consistent with the Townhouse and Low-Rise Apartment Building Guidelines. The proposed development conforms with the development criteria for Neighbourhoods policies and fits within the existing and planned context of the neighbourhood.

This report reviews and recommends approval of the application to amend the Zoning By-law.